ESSA Definition Section 8101 (20)
English learner - The term ‘‘English learner,” when used with respect to an individual, means an individual—
(A) who is aged 3 through 21;
(B) who is enrolled or preparing to enroll in an elementary school or secondary school;
(C)(i) who was not born in the United States or whose native language is a language other than English;
(ii)(I) who is a Native American or Alaska Native, or a native resident of the outlying areas; and
(II) who comes from an environment where a language other than English has had a significant
impact on the individual’s level of English language proficiency; or
(iii) who is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; and
(D) whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual—
(i) the ability to meet the challenging State academic standards;
(ii) the ability to successfully achieve in classrooms where the language of instruction is English; or
(iii) the opportunity to participate fully in society.
State Eligibility for English Learner services
To be eligible for English Learner services, a student must:
1. Be at least five years of age, but must not have reached the age of twenty- two; AND
2. Be enrolled in a school district in North Dakota; AND
3. Have a primary language other than English or come from an environment in which a language other than English significantly impacts the individual's level of English language proficiency; AND
4. Have difficulty speaking, reading, writing, and understanding English as shown by assessment results.
ND Administrative Code Section 67-28-01-04
Title VI, Civil Rights Act of 1964
The first piece of legislation to address the needs and rights of speakers of languages in public education was under Title VI of the Civil Rights Act of 1964. It states that school districts are responsible for providing equal educational opportunities to national origin minority students with limited English proficiency.
No person in the United States shall, on the ground of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance (Section 2000d)
All schools that receive federal funds must comply with providing services to ELs that are comparable to those provided to native English speakers (Title VI of the Act).
Bilingual Education Act (1968)
Originally called Title VII, then renamed Title III in No Child Left Behind (2002), this act provided the first federal allocation for language-minority students and was the first law to acknowledge that being limited English proficient is a barrier to having “equal access” to educational opportunity.
May 25 Office of Civil Rights (OCR) Memorandum (1970)
This memo established several important guidelines:
English learners are not allowed to be placed in special education due to lack of English proficiency.
English learners may not be denied access to college preparatory classes due to the district’s failure to effectively teach ELs.
Districts are responsible to help students in overcoming language barriers.
Schools are required to provide programs that accelerate language learning in order for limited English proficient students to have full access to the curriculum.
Schools must provide information about activities to both native and non-native English- speaking parents, and that notification may need to be in another language.
Districts must identify and provide services to all English Learners.
Schools must evaluate EL programs and modify them if proven to be ineffective.
Mendez v. Westminster (1947)
The court ruled that even if placements were determined by initial language proficiency needs, limited English proficient students could not be segregated from the general population as that would limit exposure to their native English-speaking peers. This case also introduced the idea of using language screening tools to determine language program placement.
Lau v. Nichols (1976)
The United States Supreme Court ruled that schools must provide language services to all limited English proficient students, regardless of the language being spoken. They also decided it was unfair to require students to pass an English test before graduating. In addition, schools must have a procedure in place outlining how they will serve the needs of EL students. Finally, they gave the Office of Civil Rights the ability to create regulations prohibiting discrimination, regardless of intent to discriminate.
Rios v. Read (1978)
This case resulted in the requirement of a valid and reliable test to be used to exit students from the EL program and disallowed premature dismissal before a student was fully ready.
Plyler v. Doe (1982)
This case established that all people qualify for equal protection, not just U.S. citizens, which means schools must serve students regardless of immigration status. Districts may not act as an agent of the immigration office or require identification that reveals whether or not a person is a legal resident of the U.S.; this includes social security numbers.
No Child Left Behind (January 12, 2001)
NCLB requires states to establish challenging academic content standards for all students, and Title III of this act indicates that ELs are not exempt from meeting these high expectations. It asserts that English learners must develop English proficiency and skills for high academic achievement in English while simultaneously meeting the same challenging state standards that all students are required to meet.
Title I and Title III- Accountability through Assessment
NCLB also calls for accountability in meeting state standards through high quality assessment. Schools must not only demonstrate improvements in students’ English proficiency each school year, but also demonstrate that English learners are making the same “adequate yearly progress” as other students. As a result, ELs must participate in annual state assessments.
Every Student Succeeds Act (ESSA) – December 10, 2015
ESSA reauthorizes the 1965 Elementary and Secondary Education Act, which was previously reauthorized as NCLB. ESSA provides a greater focus on English Learners with regard to school accountability than was seen in previous legislation. North Dakota’s ESSA plan designates EL progress as 10% of its school accountability rating. The main focus is on making sure that EL students are growing in English proficiency and exiting the program in a timely manner. Trajectories are created for students based on their initial proficiency levels, which are then monitored to ensure students are making adequate progress towards becoming fully English proficient.
North Dakota Century Code 15.1-38-01
Each school district shall provide a program of instruction for students who are English learners. The program may be provided by a school district or in conjunction with one or more districts.
North Dakota Century Code 15.1-38-03
If a school district determines through assessment that a student requires English learner services, the school district shall convene a team to review the student’s language and educational needs. The team may develop an individualized language plan and recommend specialized language instruction and related services.
Reference on Legislation:
North Dakota Department of Public Instruction
Guidance on Student Rights
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